Code of Alabama

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45-37-243.07
Section 45-37-243.07 Violations; contraband beverages. Among others the following acts and
omissions shall be unlawful: (1) It shall be unlawful for any person to sell, offer for sale,
or deliver within any county subject to this subpart any alcoholic, spirituous, vinous, or
fermented liquor on which the license tax herein levied has not been paid. (2) The judge of
probate, license commissioner, director of county department of revenue, or other public officer
performing like duties in such counties, his or her agent, or any peace officer of the county
shall have authority to seize without warrant any and all alcoholic, spirituous, vinous, or
fermented liquors which are on hand for or are being sold in any place operating without a
license from the Alabama Alcoholic Beverage Control Board or any such beverages on which the
license tax levied by this subpart has not been paid including the containers or packages
in which such alcoholic, spirituous, vinous, or fermented liquors are found...
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45-37-243.04
Section 45-37-243.04 Bonds or securities. (a) Any person before engaging in selling any alcoholic,
spirituous, vinous, or fermented liquors in any county subject to this subpart shall file
with the judge of probate, license commissioner, director of county department of revenue,
or other public officer performing like duties in such counties a bond in the approximate
sum of two times the average monthly tax estimated by such official which shall be due by
the applicant. The bond filed with such official shall be in such form and amount as may be
approved by such official. If a bond is filed, it shall be executed by a surety company licensed
and duly authorized to do business in Alabama, shall be payable to the county subject to this
subpart, and be conditioned upon the prompt filing of true reports, and the bond shall be
conditioned upon the payment by the applicant to the judge of probate, license commissioner,
director of county department of revenue, or other public officer...
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45-37-243.12
Section 45-37-243.12 Enforcement of subpart. It shall be the duty of the license inspector,
judge of probate, license commissioner, director of county department of revenue, or other
public officer performing like duties in such counties subject to this subpart to enforce
this subpart, including the inspection of the premises of anyone engaged in the sale of malt
or brewed beverages, alcoholic, spirituous, vinous, or fermented liquor. It shall be unlawful
for any person to interfere with or obstruct such officials, their inspectors, auditors, or
representatives in the exercise of the power and authority conferred by this subpart. (Acts
1965, No. 388, p. 533, ยง13.)...
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45-37-243.01
Section 45-37-243.01 Definitions. When used in this subpart, the terms (1) hotel, (2) restaurant,
(3) club, (4) corporation, (5) state liquor store, (6) liquor, (7) malt or brewed beverages,
(8) wine, (9) municipality, (10) package, (11) person, (12) sale or sell, and (13) board shall
have the same meaning ascribed to them by Section 1 of Title 29 of the 1940 Code of Alabama,
provided, however, the term person shall not mean and include the Alabama Alcoholic Beverage
Control Board, nor the members, officers, or employees thereof, while engaged in the performance
of their duties under the Alabama Alcoholic Beverage Control Act, nor any liquor store or
warehouse established, operated, and maintained by the Alabama Alcoholic Beverage Control
Board under the act. The word licensee shall mean a person, firm, corporation, or association
engaged in the sale of alcoholic beverages under a license issued by the board, and shall
also include any officer, servant, agent, or employee of a...
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45-37-243.02
Section 45-37-243.02 Levy of tax. (a) As used in this section, the following terms have the
meanings here given them: (1) COUNTY. Any county now or hereafter subject to this subpart.
(2) COUNTY GOVERNING BODY. The county board of revenue, the county commission, or other like
body of the county. (3) DIRECTOR OF COUNTY DEPARTMENT OF REVENUE. The director of the county
department of revenue, the license commissioner, or judge of probate of the county, or any
other public officer performing like duties in the county. (4) SECTION 3 AS AMENDED IN 1979.
Section 3 as amended by the 1979 amendment. (5) STATE ORIGINAL UNBROKEN PACKAGE POLICY. The
state policy in effect when the original Section 3 of Act 388 of the 1965 Regular Session
was approved in August 1965, prohibiting licensees from selling or keeping for sale liquor
or wine except in an original unbroken package. (6) THE 1979 AMENDMENT. The act the Legislature
of Alabama adopted during its Regular Session of 1979 amending the original...
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28-3-1
Section 28-3-1 Definitions. As used in this title, the following words shall have the following
meanings unless the context clearly indicates otherwise: (1) ALCOHOLIC BEVERAGES. Any alcoholic,
spirituous, vinous, fermented, or other alcoholic beverage, or combination of liquors and
mixed liquor, a part of which is spirituous, vinous, fermented, or otherwise alcoholic, and
all drinks or drinkable liquids, preparations or mixtures intended for beverage purposes,
which contain one-half of one percent or more of alcohol by volume, and shall include liquor,
beer, and wine. (2) ASSOCIATION. A partnership, limited partnership, or any form of unincorporated
enterprise owned by two or more persons. (3) BEER, or MALT OR BREWED BEVERAGES. Except as
otherwise provided in this subdivision, any beer, lager beer, ale, porter, malt or brewed
beverage, or similar fermented malt liquor containing one-half of one percent or more of alcohol
by volume and not in excess of thirteen and nine-tenths percent...
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45-37-243.05
Section 45-37-243.05 Permit required. It shall be unlawful for any person having no place of
business within any county subject to this subpart to make any sale, distribution, or delivery
of any alcoholic, spirituous, vinous, or fermented liquors within such county without first
having obtained a permit to do so from the judge of probate, license commissioner, director
of county department of revenue, or other public officer performing like duties in such counties;
and such person shall be liable for and subject to the license tax fixed and specified in
this subpart; and it shall be unlawful for any person to purchase or bring into the county
any covered beverages from outside any county subject to this subpart for resale in any county
subject to this subpart without having first obtained a permit to do so from the judge of
probate, license commissioner, director of county department of revenue, or other public officer
performing like duties in such counties, provided that any person...
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45-37-243
Section 45-37-243 Application and effect of subpart. This subpart shall apply in all counties
in this state of 600,000 population or more according to the last or any succeeding federal
census. This subpart shall not repeal or affect any license or tax levied or imposed by or
under Chapter 1, Title 29 of the 1958 Recompiled Code of Alabama. This subpart shall have
the effect of repealing any act now in effect in all counties in this state of 600,000 population
or more according to the last or any succeeding federal census which levies a license tax
on the sale of alcoholic, spirituous, vinous, or fermented liquor, and specifically to repeal
Act 559 of the 1959 Regular Session of the Legislature of Alabama, approved November 15, 1959;
provided that the repeal of the statute or statutes, shall not abate in any manner the taxes
or licenses accrued thereunder to October 1, 1965, and the limitations and penalties therein
provided for the collection thereof. (Acts 1965, No. 388, p. 533,...
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28-3-190
Section 28-3-190 Levy of tax; collection; disposition of proceeds by localities; enforcement
and administration; penalties; exclusive nature of tax. (a) Levy. In addition to the excise
tax levied by Article 5A of Chapter 3 of this title and the licenses provided for by Chapter
3A of this title and by Section 28-3-194, and any acts amendatory thereof, supplementary thereto
or substituted therefor, and municipal and county licenses, there is hereby levied a privilege
or excise tax on every person licensed under the provisions of Chapter 3A who sells, stores,
or receives for the purpose of distribution, to any person, firm, corporation, club, or association
within the State of Alabama any beer. The tax levied hereby shall be measured by and graduated
in accordance with the volume of sales by such person of beer, and shall be an amount equal
to one and six hundred twenty-five thousands cents (1.625 cents) for each four fluid ounces
or fractional part thereof. (b) Collection. The tax levied...
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45-35-21
Section 45-35-21 Regulation and sale of alcoholic beverages. (a) It shall be unlawful for any
person, firm, corporation or association to sell or offer for sale any spirituous or vinous
liquors in Houston County except at Alabama Alcoholic Beverage Control liquor stores and at
retail liquor establishments within the corporate limits of the City of Dothan in Houston
County and licensed by the general laws of the State of Alabama and also licensed by the City
of Dothan as herein provided. (b) Each licensee of the City of Dothan under this section,
in order to be eligible for the license, shall meet all of the licensing prerequisites and
requirements of the general laws of the State of Alabama and the rules and regulations of
the Alabama Alcoholic Beverage Control Board. It shall be unlawful for any licensee of the
City of Dothan, licensed pursuant to this section, to sell or offer for sale any spirituous
or vinous liquors without a state and a city license for such privilege. (c) Nothing...
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